• Features

    Walking the Fine Line of Fair Use: The Second Circuit’s Decision in Fox News v. TVEyes

    Crystal Genteman and Chris Bussert

    Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24/7. That’s exactly what media-monitoring service TVEyes did. There was no dispute that TVEyes had copied Fox News’s content. Instead, the issue was whether TVEyes’s service constituted fair use.

    Read More ›

  • Features

    A Reasonable Royalty Rate Must Be Tied to Facts

    Matthew Siegal

    Exmark Manufacturing Company Inc. v. Briggs & Stratton Power Products Group, LLC

    The rate of the reasonable royalty awarded to a successful patent plaintiff must be based on the facts of the case. A damages expert cannot merely pay lip service to the Georgia-Pacific factors and then “pluck” a royalty rate from thin air.

    Read More ›

  • Features

    How Ticket Software Lost Trade Secret Protection

    Richard Raysman and Peter Brown

    Trade secret protection applies only to confidential information. In almost all circumstances, broadcasting to the world the intricate details and applications of a trade secret extinguishes whatever “property right” an entertainment industry holder once possessed. What is a sufficient method of contractually notifying a software user of the trade secret status of certain information is a closer question.

    Read More ›

  • Columns & Departments

    IP News

    Howard Shire and Michael Block

    Claim Preclusion Requires Analysis that Claims in Newly Asserted Patents are Patently Indistinct from Claims in Previously Adjudicated Patents
    Claim Elements Taught by Prior Art for Purposes of Novelty and Obviousness are not Necessarily ‘Well-Understood, Routine, and Conventional’ Under §101

    Read More ›


Need Help?